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2004 Supreme(Raj) 1145

High Court Of Rajasthan
Judgename : S.K. Keshote
Kailash Chandra Harijan - Appellant
Versus
State of Rajasthan - Respondent
D.B. Civil Writ Petition No. 5504 of 2004
Decided On : 11/25/2004

Advocates Appeared:
Shri Rajendra Soni and Shri Sanjay Pareek, for the Petitioners.
None present, for the Respondents.

The court emphasized the need for a clear distinction in the qualifications and eligibility of teachers for different grade levels.

Headnote:

The Rajasthan Public Service Commission, Ajmer issued a notification and advertisement changing the academic qualifications for the appointment of Primary and Upper Primary School Teachers. The petitioners challenged this amendment, arguing that the B.S.T.C. qualification should be sufficient for the appointment. The State Government defended the amendment, stating that the appointment of teachers is for teaching students from 1st to 8th grade and that the B.Ed. qualification is appropriate. The court considered the syllabus of B.S.T.C. and B.Ed. courses and concluded that they are formulated to focus on educating different categories of students. The court also referenced the Delhi High Court and Supreme Court judgments, which held that B.Ed. cannot be considered a higher qualification than B.S.T.C. for primary school teachers. The court found no justification for adding the B.Ed. qualification for primary school teachers and emphasized the need for a clear distinction in the qualifications and eligibility of teachers for different grade levels.

Judgment

S.K. Keshote, J.-In these writ petitions, though the petitioners are different but the relief claimed for is identical proceeds on the same facts and thus these are taken up for hearing together and being decided by this common order. For the decision of the matter, the facts are taken from D.B. Civil Writ Petition No. 5504/2004.

2. The petitioners by this writ petition under Article 226 of the Constitution of India are challenging the Notification dated 28th of February, 2004 and the advertisement dated 2nd of June, 2004 issued by the Rajasthan Public Service Commission, Ajmer.

3. The grievance of the petitioners is that prior to the amendment in the Rajasthan Panchayati Raj Rules, 1996 (hereinafter shall be referred to as the Rules, 1996) by the notification aforesaid, the academic qualification prescribed for appointment on the post of Primary School Teacher under Rule 266 of the Rules, 1996 was “Senior Secondary with B.S.T.C. Course”. Now by way of amendment in the Rule 266 of the Rules, 1996 by the aforesaid notification the academic qualification for Primary and Upper Primary School Teacher prescribed is that a candidate should possess the Senior Secondary under new (10+2) Scheme or Higher Secondary under old scheme from Rajasthan Board of Secondary Education or equivalent and Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with 5 subjects, 3 of them be Mathematics, English and Hindi; and B.S.T.C./B.Ed.; and, accordingly the advertisement has been issued.

4. The petitioners have passed their Secondary and Senior Secondary Examination from the Rajasthan Board of Secondary Education, Ajmer. The petitioners also passed their B.S.T.C. from the District Institute of Education and Training conducted by the Government of Rajasthan.

5. The learned Counsel for the petitioner contended that training pattern for B.S.T.C. and B.Ed. students is entirely different. In the B.S.T.C. two years training is imparted to the candidates whereas in the B.Ed. course only one year training is imparted. In the B.S.T.C. the candidates are trained to teach the students of Clases 1st to 5th in their first year and Clases 6th to 8th in their second year. The training of B.S.T.C. is so self-contained and composite, which provides the teaching methodology to teach to Claseses from 1st to 8th. The B.Ed. is one year course and it provides teaching methodology upto secondary Claseses i.e. from 6th to 10th. The B.S.T.C. training laid emphasis on child centered approach for teaching at primary level and deals with the recognition of the education at different stages and it is aimed in educating the child appropriately at different levels to his mental growth. As per the syllabus which has been placed on record, the curriculum of B.S.T.C. has been framed in such way that one who trained in B.S.T.C. training is able to teach all the subject of a particular Clases of students, whereas the B.Ed. curriculum emphasis on specialization in any two subjects. In the

B.S.T.C. training there is a methodology for teaching to the candidates in such a manner to enable them to teach the students of 1st to 8th Claseses in the subjects of social utility production work, social services, art oriented education training, health and physical education, education is psychology, environment study education and learning in regional languages, etc. So far B.Ed. training is concerned, it is submitted by the learned Counsel for the petitioners that it is only one year course and do not impart training to the candidates to teach the students of Clases 1st to 5th either in theory or practical. The learned Counsel for the petitioners submitted that the B.Ed. training and its syllabus prescribes the mode of teaching to higher Claseses i.e. 6th to 10th and thus in their submission the B.Ed. trained candidates are only able to taught the Claseses from 6th to 10th and not the primary Claseses i.e., 1st to 5th and for teaching the primary Clase































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